In order for policing to be a shared endeavor between communities and police, the public needs access to the police department’s manual—the document that sets how officers are supposed to act in various situations. Being able to read and compare departmental policies is essential to evaluate how your community is being policed.

We’ve been tracking the manuals of police departments in the largest 200 U.S. cities for the last year and found that although the numbers are getting better, few departments present their policies in a way that truly is accessible and transparent.


Key Finding #1: Of the 200 cities in our survey, about 40% do not post their police manual online at all.

Notably, we found this lapse was not limited to smaller cities (which often have smaller staff size and smaller budgets for their police departments). Several major U.S. cities, including Dallas, Detroit, El Paso, and Jacksonville also do not have their policing manuals posted online.

However, since we began tracking manual transparency in July 2019, the number of cities with their manuals online went up from 99 to 122 – a 23% increase!

40% Not posted online

Key Finding #2: Statewide legislation is an effective way to ensure that policing agencies post their manuals online.

Overwhelmingly, the cities that added their manuals online in the last year were in California. No doubt that occurred because the state passed legislation requiring policing agencies to put their manual online by January 1, 2020.

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Key Finding #3: In some places, for-profit corporations have an outsized role in policy setting, perhaps even more so than the communities police serve.

Among the cities in our survey that posted their manuals online, 25% purchased much, if not all, of the manual from Lexipol, a private company that has written "standardized," off-the-shelf policies for purchase.

In fact, building on recent research from Ingrid Eagly & Joanna Schwartz at UCLA, our team found 90% of the largest California cities (including the vast majority of the agencies that recently uploaded their policies to their websites) use a purchased Lexipol manual — as do more than 3,000 agencies in the country.

Facilitating public access to the policing manual is the first step towards democratic accountability, but the public must also have a meaningful voice in setting those policies. There’s no problem with policing agencies getting outside help, but when it comes to setting department policy, an off-the-shelf policy manual is no substitute for meaningful democratic engagement and public input.

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Key Finding #4: Of the manuals posted online, 79% are not adequately accessible.


Among the 122 cities that posted their manuals online, only 21 met our baseline standard for accessibility.

What do we mean by full transparency? We evaluated the manuals posted online for six core components we believe are needed to ensure the public can find and understand the manual:

79% Not fully accessible
 
1. The policy manual is hosted on the official website of the police department or city government.
2. The manual is posted in its entirety.
3. It is possible to search across the entire manual.
4. The manual has a clear navigational framework.
5. All policies are dated, especially as to their most recent revision.
6. The manual text is machine-encoded.

But we consider these six criteria to be the minimum every city should achieve when it comes to its police manual. Agencies should always strive for better.

For cities that aspire to take their manuals beyond the basics, we offer a guide to get you started.


1. The policy manual is hosted on the official website of the police department or city government.

Why it matters: Accessing the manual through an official, direct source—as opposed to a secondary source, like a news outlet’s FOIA—assures the public the information is legitimate, accurate and up to date.

2. The manual is posted in its entirety.

Why it matters: If whole policies or even sections have been omitted, it creates the impression something is being hidden, and limits public knowledge of police policies. If information must be withheld for good reason, redaction should be used sparingly.

3. It is possible to search across the entire manual.

Why it matters: The online manual must include a function that allows users to search for keywords (i.e. “use of force” or “canine”) across multiple policies, simultaneously. Otherwise, it can be impossible to find all the relevant information.

4. The manual has a clear navigational framework.

Why it matters: Clear and consistent navigation serves two very important purposes: it gives an overview of the manual's contents and allows the reader to go directly to a specific section of interest, both of which improve clarity and ease of use. A hyperlinked table of contents is a common example of such a framework.

5. All policies are dated, especially as to their most recent revision

Why it matters: This tells the public it has the most recent version. Not every policy needs updating, but very old policies may indicate a need for review.

6. The manual text is machine-encoded.

Why it matters: Machine-encoded text is essential for screen-readers and web-browser translation services (such as Google Translate) to function. This basic feature improves access for all members of the public, regardless of English-language ability or visual impairment.
Which cities have the most transparent manuals?

The following cities met all six criteria in our survey:
Chicago, IL
San Jose, CA
Charlotte-Mecklenburg, NC
Seattle, WA
Oklahoma City, OK
Louisville, KY
Tucson, AZ
Fresno, CA
Minneapolis, MN
Tulsa, OK
Tampa, FL
New Orleans, LA
Henderson, NV
Greensboro, NC
Anchorage, AK
Durham, NC
Chandler, AZ
Fayetteville, NC
Salt Lake City, UT
Hayward, CA
West Valley City, UT

Two legal scholars who have studied Lexipol in depth describe it this way: “[S]cholars and experts… have viewed police policies as a tool to constrain officer discretion and to improve officer decisionmaking. Lexipol, in contrast, promotes its policies as a risk management tool that can reduce legal liability.” (Ingrid Eagly and Joanna Schwartz, “Lexipol: The Privatization of Police Policymaking,” Texas Law Review 96 (2018), at 896). “Lexipol has resisted efforts to craft policies that go beyond the minimum requirements of court decisions because such policies might increase legal liability exposure” (897).

Letting the public know what your policies are is the first step towards democratic accountability; they must also have a meaningful voice in setting that policy moving forward. There’s no problem with policing agencies getting outside help, but when it comes to setting department policy, an off-the-shelf policy manual is no substitute for meaningful democratic engagement and public input.